Taser

Apr 19, 2013

Botched arrest, Taser melee at funeral settled for $80K

Imagine this situation: Undercover lawmen in suits and ties crash a funeral service and incite a melee when they start waving Tasers, using one to stun a pallbearer as he carries his father’s casket to a hearse, then threaten to open fire on outraged mourners during the bungled sting operation.

Apr 10, 2013

Naked man dies after Raleigh police use Taser

Authorities say a man has died after he was shocked by Raleigh police officers trying to take him into custody.

Apr 4, 2013

County settles with pallbearer zapped with stun gun at funeral

New Hanover County has reached a settlement with the family of a pallbearer who was zapped with a stun gun as he helped load his father's coffin into a hearse.

Dec 20, 2012

Parents of man tasered by Charlotte police file suit

The parents of a Charlotte man who died after being shocked with a Taser last year have sued the police department and the company that makes the device.

Aug 20, 2012

Tort/Negligence – Wrongful Death – Civil Rights – Taser – Prisons & Jails

Cobbs v. County of Guilford Plaintiff alleges that her decedent, a jail inmate, was unarmed, had been tasered once, was “handcuffed behind his back, after which time he was restrained and then tasered in the back,” and “died as a result of an application of restraint….” Plaintiff states a wrongful death claim, notwithstanding the public officer immunity doctrine.

Jul 31, 2012

Civil Rights – Excessive Force Claim – Taser – Resisting Arrest Conviction – Second Encounter – Constitutional – Fourth Amendment

Boswell v. Bullock Even though plaintiff was convicted of resisting arrest, the judge could have based the conviction on plaintiff’s first encounter with Officer Bullock, when plaintiff ran away, rather than on the second encounter, when plaintiff was on his way to turn himself in and Bullock tased him. Therefore, the conviction does not bar plaintiff’s excessive force claim.

Jul 6, 2012

Man paralyzed after stun-gun attack can continue suit

A Cabarrus County man who was left paralyzed from the waist down when he fell fifteen feet after two sheriff’s deputies hit him with a Taser gun may proceed with his lawsuit against the sheriff’s office.

Jun 28, 2012

Civil Rights – Excessive Force Claim – Proximate Cause — TASER – Threatened Self-Injury – Tort/Negligence

Cook v. Riley Defendants responded to a domestic disturbance call and found plaintiff in a tree stand 15 feet off the ground. According to defendants, plaintiff threatened to cut his wrists, so defendants tased him, and plaintiff then jumped off the tree stand. According to other witnesses, plaintiff did not have a knife, and he fell as a result of being tased. The court is not required t[...]

May 1, 2012

Tort/Negligence – Wrongful Death – Products Liability – TASER – Contributory Negligence Unavailable – Damages

Fontenot v. TASER International, Inc. (Lawyers Weekly No. 12-04-0464, 35 pp.) (Robert J. Conrad Jr., Ch.J.) 3:10-cv-125;W.D.N.C. Holding: Where plaintiff’s decedent never “used” the taser that killed him, the defendant-manufacturer was not entitled to a defense of contributory negligence. Defendant’s motions for judgment notwithstanding the verdict and a new trial are denied. Defendant�[...]

Oct 26, 2011

Civil Rights – Excessive Force – Taser – Search Warrant Execution – Immunity – Municipality

Fordham v. Greenville Police Officer Doe Where plaintiff refused to comply with an officer’s instructions to get on the ground, the defendant police officer did not violate a clearly established constitutional right when he tasered plaintiff once. Defendants’ motion to dismiss is granted. Greenville police executed a search warrant of plaintiff’s home. Plaintiff’s friend, Mo[...]

Sep 30, 2010

Civil Rights – Excessive Force – Reach for Taser – Gunshot in Elbow

Henry v. Purnell. (Lawyers Weekly No. 10-01-0950, 36 pp.) (Agee, J.) No. 08-7433, Sept. 24, 2010; USDC at Baltimore (Motz, J.) 4th Cir. Holding: A Maryland deputy who reached for […]